Delhi HC Exempts NCR Lawyers From Winter Vehicle Ban
- Delhi High Court grants exemption to NCR-based lawyers and staff from winter non-BS-VI vehicle ban.
- The relief is applicable only on days when the court is working.
- Justice Amit Mahajan issued the order following a plea by the Delhi High Court Bar Association.
- The exemption covers advocates commuting from Gurugram, Faridabad, Noida, and Ghaziabad.
- The association clarified it is not seeking a blanket exemption from GRAP restrictions.
Justice Amit Mahajan issued the order following a plea from the Delhi High Court Bar Association.
This exemption permits these legal professionals to use their vehicles only on days when the court is working.
Justice Harish Vaidyanathan Shankar modified a July 2024 interim order from the Tis Hazari court that had halted the book's sale.
The trial court had previously claimed the book harmed the reputation of Rana Kapoor and was not entirely based on facts. HarperCollins and Pavan C Lall challenged this, arguing the ban amounted to prior censorship and that Kapoor had not demonstrated specific injury.
Counsel for Rana Kapoor argued that the book contained defamatory imputations that could damage his professional standing and prejudice ongoing investigations. Justice Shankar ruled that a total ban was clearly not warranted and that the trial court failed to balance the right to social reputation against the right to freedom of speech.
The court stated that the trial court's order was a bit extreme and unwarranted because it prioritized one right over another before contentions could be analyzed. Justice Shankar ruled that the injunction against the book should only apply to four specific passages identified as defamatory or derogatory.
DHCBA seeks commute access for NCR-based legal professionals
The Delhi High Court Bar Association requested permission for advocates living in NCR locations such as Gurugram, Faridabad, Noida, and Ghaziabad to commute to Delhi for professional duties between November 1, 2026, and January 31, 2027. Separately, a book written by journalist Pavan Chand Lall and published by HarperCollins was originally released in December 2020.
Legal arguments against June 2026 vehicle notification
The petition challenged a June 23, 2026, notification from the Delhi Government's Department of Environment and Forests. This notification prohibits vehicles registered outside Delhi that do not meet BS-VI standards from operating in the capital during the winter period.
The association argued that the notification allows the Environment Department to grant specific exemptions. They requested that these exemptions be extended to advocates whose attendance is required for judicial listings to avoid prejudicing their clients.
Association clarifies stance on environmental regulations
It also stated that it was not seeking immunity from Graded Response Action Plan (GRAP) restrictions.
Plea for reasoned order on representation
The plea alternatively requested that the court direct the Delhi Government's Environment Department to provide a reasoned order regarding the association's October 27 representation. The association requested that this order be provided within a fixed timeframe.
Legal representation for the association
Senior Advocate N Hariharan represented the lawyers' association in the matter, and the petition was filed through advocate Amit Choudhary.
Frequently Asked Questions
- Delhi High Court Exempts NCR-Based Court Staff, Lawyers From Winter Ban On Non-BS-VI Vehicles (livelaw.in)
- Delhi High Court exempts NCR-based lawyers, court staff from non-BS-VI vehicle ban on court working days (indialegallive.com)
- Delhi High Court (tavily.com)
- Delhi High Court allows sale of book about Rana Kapoor after deletion of four offending passages (barandbench.com)
- Air pollution in Delhi (Wikipedia — background) (en.wikipedia.org)
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